The Referrals Committee, Mr. Justice Tony Hunt (in the chair), Mr. Anthony Byrne and Mr. Finbar Cahill convened at the Offices of the Irish Horseracing Regulatory Board (IHRB), The Curragh, Co Kildare on 5th March 2020 to consider whether or not Mr. Aidan F. Fogarty, Trainer, was in breach of any rules as a result of a report received from LGC Laboratories, Fordham, UK.

The report stated that the urine sample taken from She’s A Babe following her win in The Irish Stallion Farms EBF Fillies Handicap at Dundalk on Friday 4th October 2019, was found to contain tetramisole. Under Rule 20 (v) and Regulation R14 of the Rules of Racing and Irish National Hunt Steeplechase Rules tetramisole is a prohibited substance.

Evidence was heard from Dr. Lynn Hillyer, IHRB Chief Veterinary Officer and Head of Anti-Doping and Mr. Fogarty.

In her evidence, Dr. Hillyer summarised the investigation into the adverse analytical finding. She confirmed that tetramisole is an isomer (chemically related form) of levamisole, an anthelmintic (‘wormer’) for cattle/sheep used ‘off label’ as an immunostimulant in horses.

In his evidence, Mr. Fogarty advised that he had moved to new premises and the horse in question had been placed beside horses not in training while stables were being deep-cleansed. He stated that it appeared the horse had been administered levamisole in error by a member of his staff who had not realised that she was returned in training. He advised that he had now taken steps to ensure that a further breach of this nature did not occur by using red headcollar tags on horses’ returned in training.

Having considered the evidence, the Committee were satisfied that Mr. Fogarty was in breach of Rule 96(a) as a prohibited substance was present in the sample taken from the horse. They disqualified She’s A Babe, ordered that the stake be forfeited and amended the result to read as follows:

First: Crotchet (GB)

Second: Festina Plente (GB)

Third: Outside Inside (Ire)

Fourth: Kaftan (GB)

Fifth: Annabelle Rock (Ire)

Having considered Mr. Fogarty’s record the Committee also imposed a €1,000 fine on Mr. Fogarty under Rule 96(a) as they found that reasonable precautions had not been taken by the Trainer to ensure a breach did not occur. They also awarded costs of €500 to the IHRB.

The case was presented by Cliodhna Guy, Head of Legal, Licensing & Compliance.